Some Solutions and Recommendations to Improve the Effectiveness of Protecting Workers in the Field of Employment and Wages in Labor Law

profit

, with a system of seaports , international airports...Da Nang has

Strong developments in production, business and service types such as Non Nuoc stone handicrafts, souvenir products... Besides, it attracts a large number of workers, mostly concentrated in industrial parks in the city, mainly in garment and seafood services. Currently

now, on the disk

present​​

middle [31].

As of June 2013, Da Nang had 10,272 enterprises with 262,037 employees.

labor, 522 businesses

has a union with 84,023 workers

workers account for 22% of the total number of employees in local enterprises.

city, of which 18/73 enterprises have trade unions, 4,845 workers

is a union member. Most of the enterprises with trade union organizations are not high, so the City Labor Federation needs to have close direction and create favorable conditions to support enterprises to participate in trade union organizations. Only then can we ensure the regimes, rights and interests of workers according to the law.

regulations. Through a survey in Da Nang industrial parks, some businesses said that the income of workers is about 4,360,000 VND/month, if calculated

you city​​​

The income level at enterprises is higher (about 1-2 million VND/month) [1]. Out of a total of 180 enterprises currently operating in industrial parks,

In the city, up to now, 40.2% of enterprises have built

and register salary scales and tables at the labor management agency, 37% of businesses

career

Register now​

porch

practice

can, 47% of businesses registered

Signing labor regulations [1]... Through a survey of a number of operating enterprises, the relationship between employees and employers is not yet unified.

With the current difficult economic situation, Da Nang has stepped up the organization of job fairs to stimulate demand and economic growth to ensure social security. This is an annual activity to help workers have the opportunity to find suitable jobs, to stabilize their lives. In coordination with the fairs, businesses display products to promote to the people the campaign "Vietnamese people prioritize using Vietnamese goods".

The specific goals of Da Nang city in the period of 2011-2015 are: focusing on creating jobs for 32,000-34,000 workers/year; reducing the unemployment rate to below 4.0%. On average, each year, vocational training is provided for 35,000 workers; by 2015, the proportion of trained workers will increase to 65%, of which the proportion of trained workers will be 51%; improving the quality of life of meritorious people, 100% of meritorious people will have a standard of living equal to or higher than the average standard of living of the community where they live, 100% of children of meritorious people will have the ability to work.

Labor force is facilitated to learn a trade and have suitable jobs. In 2014, with the theme of the year of enterprises, Da Nang has promoted the implementation of policies to support preferential capital sources for enterprises, organized direct dialogues with city leaders, to remove difficulties related to business and production needs of some enterprises. In that situation, Da Nang has proposed a number of key issues in the coming years, namely [43].

Firstly , it is necessary to perceive and properly resolve the relationship between the state and enterprises. There is a need to intervene early in the economic market, creating conditions to help enterprises borrow capital for reproduction.

Second , in the context of a globally integrated economy, ensuring rapid, sustainable and safe growth requires creativity and flexible management and intervention.

Third , before supporting and investing capital in businesses, restructuring the business apparatus, ensuring relatively stable development, ensuring the supply of goods and products to meet people's consumption needs.

Fourth , during the restructuring process, there needs to be appropriate policies for workers, such as supporting accommodation for workers living far away, supporting food expenses and means of transportation such as buses, etc.

2.4.2. Some limitations

become the largest investment attraction in the region

central region. Besides that , still

There are still many issues related to the relationship of interests between employees and employers. The protection of employees in the field of employment and wages for employees has not received due attention. Many businesses and investors pay labor prices that are too low compared to the market and living needs.

life today. Although workers have to work hard and work long hours, their income is still low, not higher than the average income in other units and businesses. The difference in income

enter

labor​​

The work of workers in enterprises is very hard and

harsh, that's why some enterprises such as Danifood Seafood Processing Company (Taiwan), Vinachip Paper Production Company Limited (100% Japanese investment) often lower unit prices and do not notify workers of output prices, increase working hours but do not calculate overtime according to regulations, change salary scales, grades, and payroll to reduce workers' income, cut year-end bonus regime with the reason that the company is operating at a loss or the output is not of good quality.

In short, in the city today, all levels and sectors have paid attention to

mind, create timely support for activities

business​​

but still

There are still some companies and enterprises that do not really care and protect their workers properly. Especially for enterprises with 100% foreign investment capital, workers always have less access to policies and wages than enterprises with domestic investment capital. This makes it more difficult for authorities to participate and supervise.

to protect the rights and interests of workers.

Chapter 3: SOME SOLUTIONS AND RECOMMENDATIONS TO IMPROVE THE EFFECTIVENESS OF PROTECTING EMPLOYEES IN THE FIELD OF EMPLOYMENT AND WAGES IN VIETNAMESE LABOR LAW FROM PRACTICE IN DA NANG CITY

3.1. Some solutions to improve the effectiveness of labor protection in the field of employment and wages in Vietnamese labor law

3.1.1. Regarding legal regulations

First, about the procedure for signing labor contracts

- It is necessary to specify the legal responsibilities of the parties in the recruitment process such as: The promise of recruitment is an offer to enter into a labor contract, when there is sufficient evidence on this issue, it must be considered as a binding legal right and obligation. When the labor market still has many shortcomings like in our country, not regulating this issue can easily cause disadvantages for employees in the labor contract relationship.

- There must be regulations on the authority of the People's Court in resolving violations of principles and constitutional issues regarding freedom of employment, equality between men and women, etc.

Second, about the form of labor contract

It is necessary to add more cases where a written labor contract must be signed, such as with workers under 15 years old, with workers with physical disabilities, with workers doing heavy or hazardous work, signing through the worker's representative... In addition to the written and oral forms (words), it is necessary to regulate the form of labor contracts by conduct. In reality, there are many cases where, when the labor contract expires, the parties do not re-sign the labor contract and the worker continues to work, the employer still pays the salary... therefore, the parties have the right to

terminate the contract at any time. However, when the labor contract expires, the employee has asked the employer to sign a new labor contract, the employer does not sign a new contract but still lets the employee work and pay salary, so when the employer unilaterally terminates the labor contract and the employee files a lawsuit, it is necessary to force the employer to sign a new labor contract in accordance with the provisions of the law. The written forms of labor contracts also need to be recognized in a diverse and rich way, as long as there is a basis to show that the subjects have expressed their will and purpose in the labor relationship. We should not be too rigid in terms of written form, especially in the current conditions of modern information technology.

The 2012 Labor Code stipulates that labor contracts with a term of less than 3 months can be signed in writing for temporary work. This provision does not exclude cases where the employee is under 15 years old or cases where the contract is signed through a representative but can still be signed orally because the work in the labor contract is temporary. In this case, it is necessary to stipulate that the labor contract must be signed in writing because even though the term of the labor contract is only 03 months and the work in the contract is temporary, in risky work, work accidents can still happen to the employee. Therefore, it will be very difficult to have a basis to request the responsibility of the enterprise to the employee.

Third, about the term of the labor contract

The term of the labor contract stipulated in the 2012 Labor Code (Clause 1, Article 22) is not really reasonable. For labor contracts with a term of 12 to 36 months: The regulations on this type of contract are not flexible and do not satisfy practical requirements. If the work or project has a construction period of 4 years, or even 15 years, the parties do not know which type of contract to apply. Regulations on the type of contract

The contract needs to be amended in a more flexible direction, to suit practical life and to comply with other provisions of the law.

However, the law stipulates that when a fixed-term labor contract expires, if the employee continues to work, within 30 days the two parties must sign a new labor contract. If a new labor contract is not signed, the labor contract signed for 12 to 36 months will become an indefinite-term labor contract, and the labor contract signed for a seasonal or specific job with a term of less than 12 months will become a labor contract with a term of 24 months.

The regulation of 3 types of labor contracts like that has narrowed labor relations, not suitable for market economic conditions when labor relations are increasingly vibrant as today. In reality, only the employer knows the job requirements and knows the need to determine the term, in this case, the employer is forced to sign a labor contract with a fixed term once again.

The regulation of the term of a fixed-term labor contract from 12 months to 36 months is too short. It is necessary to stipulate a probationary period of 6 months or one year, then proceed to sign a contract with a term of 36 months or more or an indefinite term.

The above limitations in the regulations on the conditions for the validity of labor contracts have negatively affected the effectiveness of labor contracts as well as labor relations: limiting flexibility in choosing the type of labor suitable for job requirements, and even causing parties to "circumvent the law", intentionally violating the conditions for the validity of labor contracts and then requesting to recruit invalid labor contracts to seek benefits for themselves. All of these issues need to be quickly resolved to create a complete labor contract regime in labor law.

Therefore, the term of the labor contract should stipulate the following types:

- Labor contract with indefinite term.

- Labor contract with a term of 12 months or more.

- Seasonal labor contracts, or contracts for a specific job with a term of less than 12 months.

The above regulation will ensure maximum respect for the right to self-determination of both parties in legal relations. Accordingly, the parties have full authority to decide the term of the labor contract, even for indefinite-term jobs. If they want, the parties can still sign with a fixed-term type, of course, the two parties must be truly voluntary and not forced.

Fourth, about the content of the contract

Clause 1, Article 23 of the 2012 Labor Code stipulates the main content of the labor contract that will be entangled when implemented in practice. In this content, there are too many contents that not all industries and jobs have these regimes. Moreover, not all business owners can meet the rights of employees such as training, fostering, and improving vocational skills. For small-scale businesses that have just started production and business, and their capital is still limited, the provisions in the labor contract are "too much" for them.

The regulation of the basic contents of the labor contract like that unintentionally makes the labor contract rigid. In reality, there are many labor contracts with simple jobs that do not need to have all the basic contents mentioned above, while labor contracts with complex nature need more appropriate contents that are not stipulated in Clause 1, Article 23 of the Labor Code. With such contents, I think that the current regulations of the labor contract

will be entangled in actual implementation. Clause 1, Article 23 lists too many main contents that not all industries and jobs have these regimes. For example, for office jobs, the mandatory content of "labor protection equipment" is not appropriate. Although lawmakers have given some cases where both parties "can reduce